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(영문) 광주지방법원 2020.02.20 2019고정1198
업무방해등
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[2019 Highly 1198] On September 21, 2019, the Defendant was unable to avoid disturbance, such as drinking in D restaurant operated by the injured party C (the age of 36) in Gwangju Mine-gu, and drinking alcohol first, on the ground that the injured party C (the age of 36) did not drink in the D restaurant operated by Gwangju Mine-gu, and that he did not drink in the same manner, and that he did so first, he was able to avoid disturbance by putting two glass cupped cups on the floor of food table.

Accordingly, the defendant interfered with the general restaurant business of the victim by force for about one hour.

[2019 Highest 5635]

1. On October 19, 2019, at around 21:30 on October 21, 2019, the Defendant interfered with the business, the Defendant was able to avoid disturbance, such as raising a disturbance, on the restaurant operated by the Victim F in Gwangju Mine-gu, for the reason that he does not have food massage, such as “I ambroat”, and taking a bath to employees and the victim, and raising a disturbance, without any particular reason.

Accordingly, the defendant interfered with the victim's restaurant business by force.

2. On October 19, 2019, the Defendant violated the Punishment of Minor Offenses Act: (a) ordered food of a total of KRW 40,000,00, such as a 40,000, such as a penter, at a “G” restaurant located in Gwangju Mine-gu, Gwangju; and (b) did not pay a value without good cause.

Summary of Evidence

[2019 High Court Decision 1198]

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. 112 Reporting case handling table; and

1. On-site photographs (2019 Godan5635);

1. Defendant's legal statement;

1. A written statement;

1. Receipts:

1. Each photograph;

1. Application of Acts and subordinate statutes to investigation reports (investigation into suspect's belongings), investigation reports (CCTV verification, etc.), investigation reports (to hear victim's telephone statements) and investigation reports;

1. Relevant provisions of the Criminal Act and Article 314 (1) ( point of interference with business) of the Criminal Act concerning the facts constituting an offense, and Article 3 (1) 39 (Selection of Fine) of the Punishment of Minor Offenses Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasons for sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order are the same crimes.

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